Child Protection

Adopted Policy 6.6

Policy Purpose

To set forth the commitment and compliance of the University at Albany to the principles of State University of New York policy 6505 entitled "Child Protection Policy" on all University at Albany Campuses.

Policy History

  • Date of Permanent Approval:

Policy Statement

The University, as an institution of the Sate University of New York system, is required to comply with all policies as promulgated by SUNY unless such policy allows for or requires a separate policy on the issue at hand be adopted by an individual institution of SUNY. With regard to SUNY policy 6505 Child Protection Policy, such a policy does not allow for a separate policy by individual institutions of SUNY, but requires each institution to create procedures for implementation. Therefore the University adopts and will enforce SUNY policy 6505 as written.

Persons Affected

Students, Faculty, Staff, Third Parties

Definitions

Child or Children are individuals under the age of seventeen years, who are participating in a Covered Activity.  The term “child” shall not include a matriculated student of the University or a person accepted for matriculation.  For purposes of this policy, “matriculation” means accepted by the University as a student into a college course that is listed in the college catalog.

Children’s Camp is a camp defined under New York Public Health Law §1392.

Covered Activity is a program or activity sponsored or approved by the University or a University-affiliated organization, or an activity conducted by a vendor, licensee or permittee for which a license or permit for use of University facilities has been approved, occurring on or off campus, for the duration of which the responsibility for custody, control and supervision of children is vested in the University, University-affiliated organization or the vendor, licensee or permittee so approved.  This policy is not applicable to university on-campus child care centers.

Covered Person is a person who is responsible for the custody, control or supervision of children participating in the Covered Activity and who is:

            i.    an Employee of the University or Affiliated Organization;

           ii.   a Student;

          iii.   a volunteer of the University or an Affiliated Organization; or

          iv.   a vendor, licensee, permittee or other person, who is given permission to come onto campus or                  to use University facilities for Covered Activities; or

           v.   an employee, agent or volunteer of (iv) above.

Delegated Responsible University Official is the person tasked by the Responsible University Official for this policy with assuming primary responsibility for ensuring compliance with the requirements of SUNY policy 6505 for a specific Covered Activity. The Delegated Responsible Official functions as the Responsible University Official as detailed in SUNY policy 6505.

Employee is any faculty member of the University at Albany or staff employed by the University at Albany or its affiliated entities and its subcontractors who are issued University at Albany identification cards.

Event Owner is a University Student or Employee or Third Party permittee who has responsibility for an event that takes place at the University Campuses or under the auspices of the University.

Physical Abuse is physical contact with a child by a covered person which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting and burning, or directing a child, outside the norm of the supervised activity, to perform physical activity which is intended to cause physical injury.

Responsible University Official is the Responsible University Official for an institutional policy at the University at Albany. The term Responsible University Official as used in SUNY policy 6505 is referred to as Delegated Responsible University Official in these procedures.

Sexual Abuse is engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child.  Pursuant to the NYS Penal Law Articles 130, 263, and Sections 260.10 and 260.25, sexual offenses include:  sexual misconduct, rape, criminal sex acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault against a child, and sexual performance by a child.  This also includes Penal Law offenses relating to children including endangering the welfare of a child and unlawfully dealing with a child in the first degree.  Sexual performance by a child, as defined by the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing, and all acts as defined by New York State Penal Law Articles 130, 263 and Section 260.10.

Student is a current student registered for classes at the University at Albany. 

Third Party is any person, organization, group or entity not legally affiliated with the University including, but not limited to, the general public, contractors, vendors, guests and visitors to the University or Campuses, those using University facilities or property under a University revocable permit, and volunteers whether or not enrolled as such on University systems.

University is the University at Albany.

University-related Organization or Organizations is one or all of the following entities associated with the University: University at Albany Foundation, Research Foundation for State University of New York, University Auxiliary Services at Albany, Inc., University at Albany Bioscience Development Corporation, Alumni Association of the State University of New York at Albany, Empire Commons Student Housing, Inc., Student Association State University of New York at Albany, Inc., and University at Albany Graduate Student Association.

 

Policy

The University adopts and will comply with all aspects of SUNY policy 6505 Child Protection Policy, including the mandate to create procedures for the implementation which are included herein.

 

Procedures

  1. Determining if an activity is a Covered Activity
  1. All Event Owners for University hosted events need to contact the Responsible University Official for the Child Protection policy in writing 4 weeks in advance of commencing any activity that will bring Children to Campus or include Children and be held under the auspices of a University or Affiliated Entity even if located off Campus.
  2. The Responsible University Official for this policy shall determine if the planned activity is a Covered Activity and falls within the scope of this policy and inform the Event Owner for the University hosted event within 3 business days of receiving the inquiry.
  3. If the activity is determined to be a Covered Activity within the scope of this policy, the Responsible University Official will appoint the Event Owner as Delegated Responsible University Official for the specific Covered Activity.
  4. The notification will also inform the Delegated Responsible University Official of the requirements that they need to fulfil before the planned Covered Activity can commence, deadlines to the various steps and applicable forms that need to be submitted to the Responsible University Official for the policy.
  5. Delegated Responsible University Officials need to submit all required forms no later than 10 business days before the start of the planned Covered Activity.
  6. The Delegated Responsible University Official for each Covered Activity will create and maintain a list of all Covered Activities for which they are responsible, including the name of the Delegated Responsible University Official and names of all Covered Persons as well as verification that all applicable requirements of the Child Protection Policy were implemented before start of the Covered Activity. The Delegated Responsible University Official is required to provide this information to the Responsible University Official.
  7. The Delegated Responsible University Official for each Covered Activity will specifically identify those University-sponsored Covered Activities he/she is responsible for that may occur more than once, to ensure fulfillment of the biennial training requirement for Delegated Responsible University Officials and Covered Persons for such Covered Activities.
  8. All Third Party Revocable Permit Applications that include Minors need to be submitted to the Associate Vice President for Enterprise Risk Management and Compliance for signature. The Associate Vice President for Enterprise Risk Management and Compliance is responsible for notifying the Responsible University Official of all Third Party events that include minors. Compliance with SUNY policy 6505 for Third Party Revocable Permit Applications are handled and tracked separately by the Office of Facilities Management.
  1. Training
  1. The University will make University mandated training in connection with SUNY policy 6505 Child Protection Policy available online.
  2. One-time Occurring Covered Activity
    1. The Responsible University Official will inform the Delegated Responsible University Official in writing of the training requirement and include a submission date by which the Delegated Responsible University Official has to submit the Training Verification Form for all Covered Persons.
    2. The Delegated Responsible University Official is responsible for ensuring that all Covered Persons take the University mandated training and certify that through the submission of the Training Verification Form to the Responsible University Official by the submission date set by the Responsible University Official
    3. The Delegated Responsible University Official is responsible for ensuring that only individuals who have taken the University mandated training will serve as Covered Persons during the activity.
    4. The Third Party Permittee is responsible for ensuring that only individuals who have taken the University mandated training or an equivalent training will serve as Covered Persons during the activity.
  3. Recurring Covered Activities
    1. The Responsible University Official will send to all University Delegated Responsible University Official who oversee reoccurring Covered Activities a biennial reminder in January that they as well as all Covered Persons engaged in Covered Activities need to take the University mandated training within 3 weeks of receiving the reminder notice.
    2. The Delegated Responsible University Official will submit the Training Verification Form, verifying that they as well as all Covered Persons engaged in the Covered Activity they oversee have taken the University mandated training.
    3. The Delegated Responsible University Official or Third Party Permittee is responsible for ensuring that only individuals who have taken the University mandated training will served as Covered Persons during the activity.
  1. Communicating Requirements of the Child Protection Policy to all Covered Persons
  1. The Responsible University Official shall inform the Delegated Responsible University Official of the need to inform all Covered Persons of the requirement to review the Child Protection Policy and its requirements for the conduct of Covered Persons.
  2. The Delegated Responsible University Official will submit the completed Acknowledgment of Receipt and Review of Child Protection Policy to the Responsible University Official.
  3. Third Parties will submit the Acknowledgment of Receipt of Child Protection Policy as part of the Revocable Permit Application Process.
  1. Sex Offender Registry Searches
  1. The Responsible University Official shall inform the Delegated Responsible University Official of the need to perform the mandated search of the New York State and Federal Sex Offender Registries for all Covered Persons, no more than 90 days before commencing the Covered Activity.
  2. A search of the New York State Sex Offender Registry means:
    1. a search of the file of persons located at http://www.criminaljustice.ny.gov/nsor/800info_cdsubmit.htm]
    2. Note that a simple internet search alone will not meet the requirements of this policy without a search of the New York State Sex Offender Registry.
  3. A search of the National Sex Offender Public Registry means:
    1. a search by first and last name of the National Sex Offender Public Website maintained by the United States Department of Justice at this link:  http://www.nsopw.gov/
  4. The Delegated Responsible University Official will submit the records of the search results to the Responsible University Official no later than 10 business days before commencing the Covered Activity.
  5. The Delegated Responsible University Official will retain search records for a period of six (6) years after the Covered Person has separated from the University.
  6. Third Party Permittees verify the mandatory Sex Offender registry search via the Revocable Permit application process.
  1. Identification of Covered Persons during Covered Activity
  1. The Responsible University Official will confirm with the University Delegated Responsible University Official that all Covered Persons will be issued and required to display at all times during the Covered Activity identification that identifies the individual as having the responsibilities of a Covered Person. This is also a requirement for Third Party Permittees under the Revocable Permit Process.
  2. Delegated Responsible University Officials and Third Party Permittees are responsible for ensuring that all Covered Persons wear and display prominently at all times during the Covered Activity identification that identifies the individual as having the responsibilities of a Covered Person.
  1. Investigation of Reports of Suspected Physical Abuse of Sexual Abuse
  1. University Police will promptly investigate all reports of suspected Physical and Sexual Abuse following standard UPD procedures and best practices for such investigations.
  2. University Police will prepare written findings of the investigation to the Vice President for Finance & Administration who will share the findings with the University President, Legal Counsel and the Responsible University Official for this policy.
  3. If the investigation concludes that there is a reasonable cause to believe a crime has been committed, UPD shall coordinate with other law enforcement agencies and officials as necessary.
  1. Approval for one on one interactions during Covered Activities
  1. The Delegated Responsible University Official or Third Party Permittee shall request an exemption from the prohibition of one on one contact between Covered Persons and Children during a Covered Activity in writing from the Responsible University Official no later than three weeks in advance of the start of the Covered Activity.
  2. The request needs to include a justification for the exemption and include the names of all Covered Persons for whom such an exemption is requested.
  3. The Responsible University Official shall consult with the Office of General Counsel and other applicable University offices to make a determination and inform the Delegated Responsible University Official or Third Party Permittee of the decision no later than two weeks in advance of the Covered Activity.
  1. Retaliation
    1. Retaliation against anyone who in good faith reports alleged Physical Abuse or Sexual Abuse in accordance with this policy, or who has been involved in investigating or responding to allegations of Physical or Sexual Abuse, or who has reported a failure to comply with this policy is prohibited.
    2. Reports of such retaliation shall be made to any of the below offices or individuals:
        1. Office of Human Resources
        2. Office of Community Standards
        3. Internal Control Hotline or Office of Internal Control
        4. Responsible University Official for the Child Protection policy
    3. The Office receiving the report of retaliation shall direct it to the appropriate University Office for investigation.
    4. Allegations of retaliation involving University Related Organization Employees shall be reported to the applicable entity’s Human Resources office.
    5. Allegations of retaliation involving University Students shall be reported to the Office of Community Standards.
    6. Allegations of retaliation involving Third Party Permittee employees or volunteers shall be reported to University Police.